Idelsohn and Idelsohn

This matter concerned orders made by Benjamin J in the Family Court of Australia concerning the sale of the parties' home and the distribution of its proceeds, as well as the division of certain personal property. The dispute involved Mr Idelsohn (the husband) and Ms Idelsohn (the wife), who were required to cooperate in the sale of their property located at B Street, Suburb C.

The court was required to determine the specific terms and conditions under which the parties' home would be sold, including the method of sale, the setting of a reserve price, and the process for dealing with the property if the initial sale attempts were unsuccessful. Furthermore, the court needed to establish the priority of payments from the sale proceeds and the ultimate division of the net proceeds between the husband and wife. The court also made orders regarding the return of specific items of personal property to the husband.

Benjamin J ordered that the parties must take all necessary steps to sell the home, including listing it for sale by public auction within 28 days. The order stipulated a reserve price of $3,200,000, subject to determination by a nominated valuer if a lower price was disputed. The proceeds of sale were to be applied first to sale costs, then to legal costs, and finally, any remaining proceeds were to be divided with the wife receiving 65% less $64,523, and the husband receiving 35% plus $64,523. The court also ordered the wife to make available specific items of personal property to the husband within 28 days.